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human & civil rights | labor

CIVIL RIGHTS ATTORNIES IN PDX

Need help in locating a Civil Rights attorny in PDX
Hope this isn't to commercial but can anyone help in locating a lawyer in PDX. This would be the lone individual against a large Corporation type of case. NLG are far to taxed on larger immigration cases. If it is not policy to name firms any help would be appreciated. Employment rights may be a more focused definition, but now the focus is on a general outline to define which laws apply.

Did you know...? 07.May.2009 07:37

Not a Lawyer

Did you know...?

Under federal law, an employer doesn't have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:

* Age
* Race
* Sex
* Religion
* National origin
* Disability

An interviewer isn't allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:

* Are you married? Are you planning to get married?
* Do you have children? Are you planning to have children?
* Where were you born?
* What's your sexual orientation?
* Have you ever been arrested?

An interviewer can, however, ask about a personal characteristic if it could hinder your ability to fulfill the job's requirements. Some examples might be:

* Have you ever been convicted of a crime?
* Can you prove that you are eligible to work in the US?
* Can you do this job with, or without, reasonable accommodations?

An employee can normally file a claim with the DOL for two years of back wages and overtime pay. If the employee can show that the employer knew they were violating wage laws, he or she may recover three years of wages.

In Oregon, the timing of the final wage payment varies according to the circumstances. Specifically, if the employee:

*If an employee quits with less than 48 hours notice, excluding weekends and holidays, the paycheck is due within five days, excluding weekends and holidays, or on the next regular payday, whichever comes first. ORS 652.140(2)

* If an employee quits with notice of at least 48 hours, the final check is due on the final day worked, unless the last day falls on a weekend or holiday. In that case, the check is due on the next business day. ORS 652.140(2) &(3)

* If an employee is discharged, the final paycheck is due not later than the end of the next business day. ORS 652.140(1)

* When an employer and employee mutually agree to terminate the relationship, the check is due by the end of the following business day, as in the case of discharge. ORS 652.140(1)

* When employment is related to state and county fairs, and employment terminates on weekends or holidays, the check is due by the end of the second business day after the termination. ORS 652.140(3)

* Final pay may include other compensation: vacation pay, some commissions (determined by commission agreement with employer), and bonuses.

If an employer willfully fails to pay any part of an employee´s final wages when due, then, as a penalty, the compensation of the employee shall continue from the appropriate due date, at the same regular hourly rate, for eight hours per day, until the wages are paid or until an action for collection is filed. The maximum penalty is for 30 days compensation. ORS 652.150

Oregon, like many other states, allows "stand-alone" claims for penalty wage violations. That is, even if the employee already has received all the pay that is due, the employee still can sue for penalties, plus attorneys' fees and court costs, if the employer failed to comply with the statute.